Ajeet And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 5878 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 22161 of 2022
 

 
Applicant :- Ajeet And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Sri Sudhir Kumar Dwivedi, Advocate has fled vakalatnama on behalf of the informant and personal affidavit filed by Senior Superintendent of Police, Bulandshaharm are taken on record.

Heard learned counsel for the applicants, Sri Sudhir Kumar Dwivedi, learned counsel for the informant as well as learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by applicants to quash the summoning order dated 20.11.2018 passed by the learned VIIIth Additional District and Session Judge/Special Judge (POCSO Act) Bulandshahar in Special Case No. 3867 of 2018, (State Vs. Arvind and others), arising out of Case Crime No. 707 of 2018, under Sections 376D, 354, 354Ka, 354Kha, 147, 148, 323/149, 452, 427 IPC, and section 6 POCSO Act, P.S. Kotwali Dehat, Distict Bulandshahar, pending in the court of learned VIIIth Additional Session Judge/ Special Judge, (POCSO Act), Bulandshahar whereby the applicant no. 1 has been summoned under sections 376D, 354, 354Ka, 354Kha, 147, 148, 323/149, 452, 427 IPC and section 6 POCSO Act, and the applicant no. 2 & 3 have been summoned under section 147, 148, 323/149, 452, 427 IPC and section 6 POCSO Act.

During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

With the above observations, this application u/s 482 is disposed of finally.

Order Date :- 22.2.2023/A.